OpenLegislation

Article 58 Final view noticesI1

United Kingdom

(1)

Where a scope of permission notice has been given to a person and either—

(a)

he notifies the Authority that he disagrees with any of the matters stated in the notice; or

(b)

he fails to notify the Authority as required by article 56(2),

the Authority must within a reasonable period after receiving the notification or the expiry of the period allowed for notification (whichever is earlier) give the person a further notice (a “final view notice”).

(2)

A final view notice must set out the Authority’s final view on—

(a)

the regulated activity or activities the Authority considers the person has a Part IV permission to carry on at commencement, described in such manner as the Authority considers appropriate; and

(b)

the requirements (if any) under section 43 to which he is subject at commencement.

(3)

Article 55(4) to (6) applies to a final view notice as it applies to a scope of permission notice.

(4)

The person may refer the final view notice to the Tribunal.

(5)

A final view notice must be in writing and must give an indication of the person’s right to have the matter referred to the Tribunal and of the procedure on such a reference.

(6)

Sections 133 and 137 apply in relation to a reference under this article, but as if—

(a)

the reference in section 133(1) to the Act were a reference to this article;

(b)

the reference in section 133(1)(a) to the decision notice or supervisory notice were a reference to the final view notice; and

(c)

section 133(4) to (12) were omitted.

Annotations

Commencement

I1

Art. 58 in force at 10.8.2001, see art. 1(2)(a)